[IOT] IRP-IOT call 8 August 2023: Agenda

Tue Aug 22 17:49:39 UTC 2023

Not so sure Icann should/will think of a reason. Is that ICANN’s role?

Sent from my iPhone

On 22 Aug 2023, at 19:42, Sam Eisner via IOT <iot at icann.org> wrote:

As referenced on the call last week, the Supplementary Procedures already have a notice requirement for ICANN to affirmatively notice certain entities:  At Item 6, page 8, the Supplementary Procedures (https://www.icann.org/en/system/files/files/irp-interim-supplementary-procedures-25oct18-en.pdf) state:

“For any DISPUTE resulting from a decision of a process-specific expert panel that is claimed to be inconsistent with ICANN’s Articles of Incorporation or Bylaws, as specified at Bylaw Section 4.3(b)(iii)(A)(3), any person, group or entity that was previously identified as within a contention set with the CLAIMANT regarding the issue under consideration within such expert panel proceeding shall reasonably receive notice from ICANN that the INDEPENDENT REVIEW PROCESS has commenced. ICANN shall undertake reasonable efforts to provide notice by electronic message within two business days (calculated at ICANN’s principal place of business) of receiving notification from the ICDR that the IRP has commenced.”

The fact that an entity that was in a contention set files an IRP does not always mean that the IRP is about the application or the contention set resolution.  As a result, I think that asking ICANN to have to provide notice to an applicant just because the string is similar has to be tethered to some reason for why that applicant should be given notice.  I suggest that we consider whether the language that already exists, which is based upon some possibility of impact (because it’s about IRPs relating to the resolution of the contention set), is enough, and if not, what else we are hoping to include and how inclusion furthers the purpose of the IRP.  In addition, if this needs expansion, we should also consider whether the Claimant itself should have some additional notice requirements, as opposed to just ICANN.

Looking forward to discussing this further.

Sam

From: IOT <iot-bounces at icann.org> on behalf of Mike Rodenbaugh via IOT <iot at icann.org>
Reply-To: Mike Rodenbaugh <mike at rodenbaugh.com>
Date: Tuesday, August 22, 2023 at 10:15 AM
To: Becky Burr <BBurr at hwglaw.com>
Cc: "IOT at ICANN.ORG" <iot at icann.org>
Subject: Re: [IOT] IRP-IOT call 8 August 2023: Agenda

Hi Becky, (copying in the list, as I suspect you intended)

I agree with your point that 'materially affected' is somewhat subjective.  How about this?

where the gTLD string that is the subject of the IRP is the same as, or is a translation, transliteration or IDN of, or is a plural of, the applied-for string

[Image removed by sender. Logo]

Mike Rodenbaugh

address:

548 Market Street, Box 55819

San Francisco, CA 94104

email:

mike at rodenbaugh.com<mailto:mike at rodenbaugh.com>

phone:

+1 (415) 738-8087

On Tue, Aug 22, 2023 at 7:37 AM Becky Burr <BBurr at hwglaw.com<mailto:BBurr at hwglaw.com>> wrote:

"materially affecting" is ambiguous and will no doubt lead to further disputes.  I would be more comfortable if the standard required ICANN to notify an applicant where the string that is the subject of the IRP is the same as or merely a plural of the applied for string.

J. Beckwith Burr

HWG LLP | 1919 M Street N.W. | Washington, D.C. 20036

office: +1 202 730 1316 | mobile: +1 202 352 6367

bburr at hwglaw.com<mailto:bburr at hwglaw.com>  | hwglaw.com [hwglaw.com]<https://urldefense.com/v3/__http:/hwglaw.com__;!!PtGJab4!-cS_FnHLN2r80poTairUoZlSuoADGLyKbp_LsN9T3BdVA3-tN3HvS5Dt8k9OCrSpB3rnlZ2F4vchDiVhL3a3$>

________________________________
From: IOT <iot-bounces at icann.org<mailto:iot-bounces at icann.org>> on behalf of Arasteh via IOT <iot at icann.org<mailto:iot at icann.org>>
Sent: Tuesday, August 22, 2023 4:07:45 AM
To: Mike Rodenbaugh
Cc: iot at icann.org<mailto:iot at icann.org>
Subject: Re: [IOT] IRP-IOT call 8 August 2023: Agenda

Dear all
I could agree with Mike for the second case but DISAGREE for tge first case
In  the first example the application was terminated inappropriately due to an invalid decision mixing up  a  an unfounded political
Claim created from a political slogan in 1956 which did not have any valid ground
The applicant should have strongly objected to the IRP conclusions
Regards
Arasteh
Envoyé de mon iPhone

Le 21 août 2023 à 22:51, Mike Rodenbaugh via IOT <iot at icann.org<mailto:iot at icann.org>> a écrit :
As discussed on our call last week, I propose that the Rules require ICANN to notify gTLD applicants of an IRP complaint that seeks relief materially affecting their  application.  The time period for the notified applicants to file a request for intervention would begin on the notice date.

We have seen two scenarios in the first round.

1. IRP Claimant is not an applicant.  This happened re the .PersianGulf TLD application.  IRP filed by a government requesting ICANN to terminate the application.

2.  IRP Claimant is applicant within a Contention Set.  This happened many times, including re .Merck, .Hotel and .Web.

ICANN knows how to notify all gTLD applicants, as contact info is required in each application.  And, ICANN can easily tell from the face of an IRP complaint whether it seeks relief that would materially affect a gTLD application.  In such cases, ICANN should provide notice to the affected applicants and allow them opportunity to intervene.

[Image removed by sender. Logo]

Mike Rodenbaugh

address:

548 Market Street, Box 55819

San Francisco, CA 94104

email:

mike at rodenbaugh.com<mailto:mike at rodenbaugh.com>

phone:

+1 (415) 738-8087

On Tue, Aug 8, 2023 at 9:29 AM Susan Payne via IOT <iot at icann.org<mailto:iot at icann.org>> wrote:
All
I am attaching a comparison document between the ICDR rule on Consolidation and the small team proposal.  The column on the left has a high level summary and the full text of the ICDR rule; on the right is the equivalent for the Small team’s proposed IRP Supplementary procedures and also gives a high level indication of how the current rules deal.

I produced this for my own benefit to assist when reviewing the ICDR process, but think that it could actually help us to structure our discussion on agenda item 3.  There is no need to have reviewed this therefore in advance, but it will hopefully be a convenient way to display the relevant texts.

Susan Payne
Head of Legal Policy
Com Laude
T +44 (0) 20 7421 8250
Ext 255

[comlaude.com]<https://urldefense.com/v3/__https:/comlaude.com/__;!!PtGJab4!-cS_FnHLN2r80poTairUoZlSuoADGLyKbp_LsN9T3BdVA3-tN3HvS5Dt8k9OCrSpB3rnlZ2F4vchDkv0QI_Q$>
<image007.png>

We are pleased to launch our new YouTube channel [t-uk.xink.io]<https://urldefense.com/v3/__https:/t-uk.xink.io/Tracking/Index/bhkAAGVfAADw_RQA0__;!!PtGJab4!-cS_FnHLN2r80poTairUoZlSuoADGLyKbp_LsN9T3BdVA3-tN3HvS5Dt8k9OCrSpB3rnlZ2F4vchDslHh_Ss$>
From: IOT <iot-bounces at icann.org<mailto:iot-bounces at icann.org>> On Behalf Of Susan Payne via IOT
Sent: Monday, August 7, 2023 5:44 PM
To: iot at icann.org<mailto:iot at icann.org>
Subject: [IOT] IRP-IOT call 8 August 2023: Agenda

All, please see below the agenda for our call tomorrow

  1.  Review agenda and updates to SOIs
  2.  Action items:

     *   BT to circulate text of the ICDR rule on consolidation

                                                               i.      Done: Art 8 Consolidation (page 18)

     *   All to review, with particular regard to the consolidation process and role of the consolidation arbitrator and come to the meeting ready to discuss

  1.  Discussion on the ICDR process for consolidation
  2.  Continue review and discussion of other elements of the small team’s proposed revision to Rule 7, to the extent not addressed by the above
  3.  AOB
  4.  Next call 15 August 1800 UTC

Susan Payne
Head of Legal Policy

[comlaude.com]<https://urldefense.com/v3/__https:/comlaude.com/__;!!PtGJab4!-cS_FnHLN2r80poTairUoZlSuoADGLyKbp_LsN9T3BdVA3-tN3HvS5Dt8k9OCrSpB3rnlZ2F4vchDkv0QI_Q$>
<image008.png>

28-30 Little Russell Street,
London WC1A 2HN, UK
T +44 (0) 20 7421 8250
Ext 255

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We are pleased to launch our new YouTube channel [t-uk.xink.io]<https://urldefense.com/v3/__https:/t-uk.xink.io/Tracking/Index/bhkAAFJfAADw_RQA0__;!!PtGJab4!-cS_FnHLN2r80poTairUoZlSuoADGLyKbp_LsN9T3BdVA3-tN3HvS5Dt8k9OCrSpB3rnlZ2F4vchDuG-yjM_$>

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